Current through Register Vol. 63, No. 9, September 1, 2024
The Department shall thoroughly review the documentation
submitted with an enterprise zone designation, re-designation or boundary
change, as described in OAR
123-650-4100 or
123-650-4400, and shall notify
the submitter as soon as possible of the determination under ORS
285C.074 or
285C.117, such that:
(1) Subject to procedural matters' being in
order and satisfaction of statutory requirements according to applicable parts
of these administrative rules, the Department shall issue a notice of positive
determination, which will establish salient features of the (amended)
enterprise zone, including but not limited to hotel/resort eligibility, as well
as the date that the re-/designation or boundary change takes effect, which
shall be:
(a) The date that the last
resolution of consent or sponsorship was adopted for a designation;
(b) July 1 in the case of concurrent
re-designation under ORS
285C.250 if the last sponsoring
or consent resolution was adopted on or before June 30;
(c) The date that the last resolution by any
cosponsor was adopted for a boundary change; or
(d) For any resubmission pursuant to section
(3) of this rule:
(A) The date coinciding with
the Department's receipt of a complete resubmission (in terms of all items
needing to be revised, modified or redone), inasmuch as the Department deems
the extent of necessary revisions or the amount of time that has elapsed to
have been significant; or
(B) The
date of adoption of the last applicable resolution replacing or supplementing
prior resolutions.
(2) The determination is otherwise negative
and the enterprise zone or any amendment to the enterprise zone does not take
effect, including but not limited to cases otherwise prohibited in accordance
with OAR 123-650-0500 to
123-650-0700 or where:
(a) Documentation is inaccurate,
inapplicable, incomprehensible, or insufficiently current including but not
limited to section (4) of this rule;
(b) The enterprise zone or an amendment
encompasses area in any existing enterprise zone that will not have been
Terminated-by-Statute or removed by another boundary change before the
requisite effective date; or
(c) A
Sponsoring Government or new cosponsor is a city, port or county that sponsored
an enterprise zone terminated early by order of the Director according to OAR
123-650-9100(1)(b)
within the past 10 years by the time of the requisite effective date, other
than a county or port if a port/city also sponsored the terminated zone and
none of the new enterprise zone area was inside that terminated zone.
(3) The Department shall promptly
issue a formal explanation (at least by email) to the Sponsoring Government(s)
or zone sponsor subject to a negative determination, regarding unmet
requirements or deficiencies with documentation, as well as what might be done
for resubmission that entails either:
(a)
More or less minor revisions or additions to documentation, with which the
Department may assist, and for which a relatively quick resolution would allow
the re-/designation or boundary change to take effect as described in
subsection (1)(a) to (c) of this rule; or
(b) Fundamental modifications to the
re-/designated or amended zone or its associated documentation, which could
also necessitate redoing otherwise faultless steps or documentation with
respect to the time limits in section (4) of this rule.
(4) Relative to when complete documentation
is re/submitted to the Department or the effective date in section (1) of this
rule, whichever is later, the following are not acceptable for purposes of a
positive determination:
(a) Economic data,
statistics and so forth that have been superseded by the release or
availability of the very same but newer/annually updated data or
statistics;
(b) The notice to local
taxing districts and any consequent consultative activities described in OAR
123-650-5000 to
123-650-5500, if the notice was
sent more than a year prior;
(c)
Any sponsoring or consent resolution older than nine months in the case of a
boundary change or six months in the case of zone re-/designation; or
(d) Documentation for school support fee that
does not (newly) re/establish the fee rate with any school district inside the
enterprise zone after the advisory in OAR
123-650-4000 and before adoption
of a resolution by any Sponsoring Government.
(5) For zone re-/designation, nothing in this
rule overrides that the actions in subsections (4)(b) and (c) of this rule and
related steps must commence in due order only after the advisory to and
consultation with the Department under ORS
285C.074 and
285C.078, which shall occur for
re-designations only within six months of when the zone will be
Terminated-by-Statute.
Statutory/Other Authority: ORS
285A.075,
285C.060(1),
285C.066 &
285C.067(2)
Statutes/Other Implemented: ORS
285C.060,
285C.065,
285C.066,
285C.067,
285C.070,
285C.074,
285C.078,
285C.090,
285C.115,
285C.117 &
285C.250
